Compliance Inspections

What documents must be kept on the licensed premises at all times?

Unless a licensee has obtained a permit for the off-premises storage of certain records, pursuant to N.J.A.C. 13:2-29.4, (See Valuable Resources on the Home Page) each licensee holding a Class C license must keep and maintain the following documents and records on its licensed premises:

1. Current license certificate (which must also be conspicuously displayed in plain view of customers) (N.J.A.C. 13:2- 23.13(a)l);

2. Copy of the current license application with any amendments filed, if applicable, together with the copy of the last full retail license application (12 page application) filed by the licensee (N.J.A.C. 13:2- 23.13(a)2);

3. A fully completed and up-to-date list of all persons currently working on the licensed premises (commonly known as the “E-141-A” form) (N.J.A.C. 13:2-23.13(a)3);

5. Copies of delivery slips, invoices or similar documents which must be retained for a period of one (1) year. (N.J.A.C. 13:2-20.4(b));

6. True books of account and other records including all business receipts, disbursements and funds which, when used in connection with the licensed business must be retained for a period of five (5) years and, with respect to all moneys invested in the licensed business, all such records must be retained for an unlimited period of time. (N.J.A.C. 13:2-23.32);

7. Records of transactions with or placements by a registered display service (N.J.A.C. 13:2-24.12);

10. All licensees shall maintain, for a period of five years, a record of all money or any other thing of value received in the ordinary course of business or received outside the ordinary course of business, including, but not limited to, alcoholic beverage sales, food sales, rebates, including payments from any Retail Incentive Program “RIPs,” and miscellaneous income.

11. All licensees shall maintain, for a period of five years, records which show the payment of all expenses. The records shall indicate the name of the person or entity receiving such payment, the amount of the payment and the reason that the payment was made. Payment records shall include payments made for:

a. The purchase of alcoholic beverages;
b. The purchase of food items;
c. The purchase of supplies and use of utilities;
d. The purchase or lease of equipment;
e. The payment of employees’ compensation, including all required withholding;
f. The payment of all local, state and Federal taxes and license fees;
g. The payments of rents, mortgages, loans and/or a reduction of an owner‘s equity; and
h. All other disbursements

All licensees shall produce the above-enumerated records for inspection immediately upon request by the Director, the issuing authority or the agents or representatives thereof and any other law enforcement officer, peace officer or any other person whose powers or duties include the enforcement of the Alcoholic Beverage Control Act and officers as defined by N.J.S.A. 33:1-1(p), unless a different time period is prescribed in N.J.A.C. 13:2-29.4, at a location designated by the requester. The failure to comply with this subsection shall be considered a violation of N.J.S.A. 33:1-35 and N.J.A.C. 13:2-23.30.

All licensees shall have and keep, for an unlimited period of time, permanent records of account which shall truly and accurately contain a record of all moneys invested in the licensed business, including loans, the source of all such investments and the disposition of such investments for an unlimited period of time. Such documents may be stored on or off the licensed premises and shall be produced within seven days of a request from by the Director, the issuing authority or the agents or representatives thereof and any other law enforcement officer, peace officer or any other person whose powers or duties include the enforcement of the Alcoholic Beverage Control Act and officers as defined by N.J.S.A. 33:1-1(p) at a location designated by the requester.

All records required to be maintained by a licensee shall be in the English language. (N.J.A.C. 13:2-23.32).

Storage of records off premise

Upon written application to the Director, the Director may, in the sound exercise of his or her discretion, issue a permit for the off-premises storage of the records listed in N.J.A.C. 13:2-23.32(a)5, (b) and (c) that are in excess of three months old, provided that such storage permits access to all required records so that they are “readily retrievable” and “accurate.”

Records are “readily retrievable” if when relating to a transaction from the date of request they are: (1) Not more than three months old and are produced for inspection immediately upon demand; or (2) In excess of three months old and produced for inspection within seven business days.

Computer systems and programs may be used to store records required to be maintained by law or other regulation if such records are retrievable within the time limits as enumerated in this section.

A licensee may apply to the Director for a Permit for off-premises storage of business records on a form prescribed by the Director. The permit term shall coincide with the license term. A separate permit shall be obtained for each license held by the licensee. The cost of this permit shall be $ 100.00 per license for each license term. (N.J.A.C. 13:2-29.4)